property dispute - We have our ancestral property property dispute - We have our ancestral property

11 months ago

Hi we have our ancestral property.My mother(one of the sister) is one of the co sharer and her brother sold the property without taking her consent by doing a gift deed to his son and his son inturn sold the property.Currently construction work is in progress..what can be done for my mother to get her co share and as well is my mother actually a co sharer as we don't have any bifurcation of the property by my maternal grandfather

Legal Counsel Vidhikarya

Responded 11 months ago

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A.In case of ancestral property, a heir can't disposed of the share of the co heir without his or her consent. Even he can't transfer his own share without the consent of his surviving lega heirs.

Reach out to an Advocate for filing a civil suit against the brother of your mother for fraudulent transfer of ancestral property with a prayer for permanent injunction on the construction work carried on the property till the disposal of the suit.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 11 months ago

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A.Dear Sir,
Immediately ask your mother to file a partition suit and get injunction on such ongoing construction work. You must make purchaser also as a party to the suit.
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